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US cell phone unlocking law: a temporary fix to only part of the problem

Submitted by Donald Robertson on August 21, 2014 - 1:50pm

Every three years, the Library of Congress is charged with carving out
exemptions from the DMCA's (Digital Millenium Copyright Act)
anti-circumvention provisions. In 2012, the Free Software Foundation
pushed for a broader range of exemptions in order to protect
users, but the Library of Congress wasn't listening. Unfortunately,
big corporations had their ear that year, and instead of
expanding protection for users, they actually took it away. In
particular, the right to "unlock" your cellphone to switch carriers
was snatched away, and the right to install software on other devices
like tablets was not extended. This justifiably caused an outpouring
of anger, which eventually forced the hand of Congress and the
President to address the issue.

Unfortunately, nearly two years later, the government's response is
not fully satisfactory. President Obama has signed into law the
Unlocking Consumer Choice and Wireless Competition Act. The law
repeals the 2012 Library of Congress ruling on unlocking cell phones
and re-implements the previously existing exemption. It also
encourages the Library of Congress to consider whether this exemption
should be extended to other wireless devices next year when the next
round of exemptions will be implemented. Finally, while it allows
users to have someone unlock their phone for them, it does not permit
so-called "bulk unlocking," where someone buys multiple phones and
unlocks them for resale.

The law as passed restores the right to unlock your cellphone, at
least until the next round of exemptions come out, which is less than
a year from now. It is great that users once again have the ability to
unlock their cellphones, and Congress and the President should be
commended for acting on an issue that is important to so many. But
when it takes two years to correct a mistake that can happen every
three years, users are left with only a short window to enjoy their
rights before they are taken away again. And while the law encourages
the Library of Congress to consider applying the same exemption to
other devices like tablets, the Library of Congress is free to once
again ignore the rights of users in regards to their hardware. Even if
the Library of Congress were to follow that recommendation, nothing in
the law even mentions the right to install your own software on your
other wireless devices, and doesn't address at all other hardware
items like video game consoles. That leaves users in a terrible
position. Additionally problematic is the law's carve out on "bulk
unlocking."

Users must be able to install and run free software operating systems
like Replicant and GNU/Linux on any computer they own, to protect
themselves from proprietary software companies, and make their
computers work the way they want. They must be permitted to do this
themselves, or ask someone else to do it for them.

What we are left with is a temporary fix to a continuing problem, and
one that doesn't even fully address all the ways in which the DMCA
anti-circumvention provisions block users from fully enjoying their
rights with the devices they own. It is not a situation that we can
stand idly by and let pass.

Here's what you can do to help:

Join our Defective by Design campaign to end DRM. We'll alert you
when the next opportunity for comment arises.

Donate to the Defective by Design campaign to support
our efforts to protect computer users all around the world.

If you're in the US, make sure to let your representatives know how you
feel about this issue.